Direct Effect and Application of European Community Law: Two Distinct Parts of the Same Doctrine?
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Abstract
This article examines the classic dilemma of direct effect of EC law. The author contends that there is no need for separation of concepts of direct effect and application of EC law.
However, the author analyses the main legal and theoretical trends, current case-law of ECJ concerning the subject and makes the conclusion that still there is some rationale for making of at least theoretical distinction between the mentioned terms.
The present publication also encapsulates the research on the conditions of direct effect of EC law and their application in national practice. The author makes a research of each condition by analysing the pragmatic possibilities of its implementation.
Moreover, the author examines the peculiarities of introduction of the doctrine into Lithuanian case-law. It is contended that, though these conditions are well understood, there is still a problem with their practical implementation. This is revealed by illustration of quite poor Lithuanian case-law where use of direct effect might be come across. National judges are still reluctant to implement the condition of direct effect, since in many cases where EC law might have been used to support the argumentation of the court and to motivate the decision, only some aspects of EC legislation are usually being touched by the Lithuanian practitioners. This shows the very fresh attitude towards EC direct effect doctrine while in older Member-States this concept have already survived many others as well as became an inseparable tool for daily law practice.
However, the author analyses the main legal and theoretical trends, current case-law of ECJ concerning the subject and makes the conclusion that still there is some rationale for making of at least theoretical distinction between the mentioned terms.
The present publication also encapsulates the research on the conditions of direct effect of EC law and their application in national practice. The author makes a research of each condition by analysing the pragmatic possibilities of its implementation.
Moreover, the author examines the peculiarities of introduction of the doctrine into Lithuanian case-law. It is contended that, though these conditions are well understood, there is still a problem with their practical implementation. This is revealed by illustration of quite poor Lithuanian case-law where use of direct effect might be come across. National judges are still reluctant to implement the condition of direct effect, since in many cases where EC law might have been used to support the argumentation of the court and to motivate the decision, only some aspects of EC legislation are usually being touched by the Lithuanian practitioners. This shows the very fresh attitude towards EC direct effect doctrine while in older Member-States this concept have already survived many others as well as became an inseparable tool for daily law practice.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
